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Canadian Confederation: Transformative Justice Reform

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Canadian confederation occurred on July 1, 1867 when the British colonies of Canada, Nova Scotia, and New Brunswick were united into one Dominion of Canada. Prior to confederation, the 1793 Anti Slavery Act was a significant legal reform that revolutionized Canadian racial ideologies. Throughout history, black individuals were considered slaves. They were the property of their white owners and were forced to preform domestic and physically exhaustive agricultural work. Black individuals were dehumanized and seen as inferior to their white counterparts. Black women were sexually assaulted by their white slave owners in order to produce more slaves. Additionally, when black women had children, the child became the property of the white plantation …show more content…
Prisons are popular in modern society because they relieve people of the responsibility of fixing the underlying issues affecting communities. Society also advocates for prisons because they physically separate the victims from the offenders. However, building more prisons does not make society safer because incarceration has high recidivism rates. Prison abolition is an example of an Afrocentric restorative and transformative justice approach because society needs radical transformations in order to address the severe social and racial problems that exist. In order for prison abolition to be successful there needs to be a gradual shift to a transformative justice approach. Firstly, specific information about Canadian racist practices must be gathered. For example the UN Special Rapporteur encouraged Canada to conduct a study to find the root causes of the overrepresentation of Africans in Nova Scotia prisons. Secondly, restorative justice should be used because “it seeks to restore the social equality in relationships that have been harmed by wrongdoing”. Courts should offer alternatives to prison such as victim- offender mediation, increased entry into mental health facilities and increased entry into drug treatment programs. Additionally, society must develop healing programs that aim to mend the trauma minority races have faced. This solution will restore social equality, dignity and empowerment of minority groups. Finally, society must transition from incarceration to community sentencing, in order to make prison abolition possible. This strategy would allow offenders to pay back society and the victim by working in the community, while under the supervision. Therefore, prison abolition is possible but there has to be a balance between the rights of the accused, rights of the victim and the safety of

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